The morning news. [volume] (Savannah, Ga.) 1887-1900, 1887-07-08

ceeded the Richmond aud Danville Company in
the control of the road TO pay the minority
10 per cent. in cash for their bonds or
50 per cent in the bonds OF tle Terminal
Company. All the minority bond-holders re-
garded the proposed settlement at Is per
cent cash with decided favor and promptly ac-
Cepted it. After comforting with the Attorney
General and the Treasurer, l decided to accept
1t also it being manifestly to the interest of the
State to make the settlement I was compelled
to act promptly or lose the opportunity TO
make this advantageous disposition of bonds
which had become comparatively value
less.
AS a strict construction of the law relating to
the sale of public property (see Code, section 81
TO CO inclusive) requires public sale, after due
advertisement and as tins was wholly impracti-
cable in this instance, request that a resolution
be passed approving and confirming my action
in this matter hope that this may be prompt
ly done, as the money for the bonds 1928, 500
has been received and placed in the Treasury
of the State. II should have been stated that
the $4,000 of bonds SO held by the State. were
purchased at q sale Of assets of the Citizens
Bank, several years ago, by direction of the
then Governor, at the sum Of $4,000, and the
debt due by the bank to the State credited with
that amount
THE PETER IRRELEVANT CLAIM.
By act of Congress, approved March 3, 1893,
the Secretary of the Treasury of the United
State was authorized and empowered to pay
TO the State of Georgia, or its lawfully author
lied agent, out of any money in the Treasury
not otherwise appropriated" the sum of S35,
555. The First Comptroller of the Treasury
Judge Lawrence) declined TO pay this sum, but
ordered it to be entered as a credit on the ac-
count in the Treasury against Georgia for her
quota OF the direct land tax of 1862 Since the
war large sums of money have been paid to
Georgia from the Treasury of the United States,
10y the Comptroller QIon. A 6. Porter)
that Georgia was not liable for that direct
tax. Two bills have been introduced in the
House of Representatives to compel the pay
mput of this ri n p6,tV-it h.
standing the decision or ruling of any officer of
the government, and have been reported upon
favorably by Judiciary committees of that body,
but it is not at all probable that any special bill
can be passed without some very Objectionable
amendment The only other remedy which the
State has is suit in the Court of Claims. and
recommend that the Governor be authorized to
bring such suit, and for that purpose to employ
special council. as the Attorney Generals under
no legal obligation to serve the State outside of
its limits. The right to sue will be barred on
March 3, 1889.
The health of the prisoners confined in the
different convict camps has been for sGFne time
past remarkably good; but these convicts are
often received INTO the penltentiary in feeble
physical condition, resulting from their con
tinement, pending their trials, in our county
jails. These jails IN some of our counties are
without sufficient air or light, or comforts of
any kind, and are represented as unfit places in
which to confine prisoners. When it is remem-
bered that vast majority of those
who are confined in our jails, in fact, all
of them until conviction, are in contem-
plation OF law innocent, it would seem TO be
commanding obligation of justice and humanity
that these iails should be not only habitable,
but comfortable places of confinement. 1t is
not unusual for prisoners to he kept in Jail for
one or two years awaiting trial, The result of
applications for new trial, and of appeals to the
Supreme Court, and then to he discharged at
last when acquitted Of the offense of which they
are charged. They are released from Jail on ac-
Qulttal, sent to the penitGntiary, III convicted
with shattered or enfcebled constitutions
l recOmmend that some plan be adopted to
remedy this evil. The Legislature might pro
vide for an inspection of the jails and other
prisons Of this State, and prescribe certain con-
ditions as to light, ventilation, drainage, area,
ETC., ETC., which must be complied with in the
construction of every jail in Georgia before it
can be accepted and used as a place for the con-
flnement of prisoners.
SIX PER CENT. COUPONS.
desire to call the attention. of the General
Assembly TO the claim made by those who are,
or have been, holders of the per cent. bonds of
August, 1885,, and being part of the
issue of $l,000,000 of bonds under the
act of February 20, 1856. These bonds
stipuate upon their face that they shall
bear interest at the rate of per cent. per an
mum, payable seml-annually until maturity.
But upon the 18th and 18th series of said bonds.
maturing Ga August l, there is no coupon at
tached to represent the last six months interest
due thereon. The Treasurer has no authority
to pay this interest unless specially author
lied by the General Assembly, and the holders
Of these series of bonds, as these bonds matured,
have received payment Of the principal, and
surrendered the bonds under protest. The
General Assembly has heretofore, by resolution
approved Sept. 0, 1881, authorized the Treas
urer to pay the last six months interest upon
certain bonds of this class, which had mGtured
and been surrendered upon the payment of the
principal alone. The amount of interest due is
comparatively small, but it is a just debt, and
heA fhf,p zaH 70
pay it. This recommendation is made not upon
the ground that its nOn-payment will iniIre the
credit of Georgia, but upon the higher and bet
ter ground that the State should pay every hon
est debt which she owes.
TIE STATE ROAD.
The lease of the Western and Atlantic rail
road will not expire before the meeting of the
next Legislature, in November, 1888. 1t will
expire however, SO soon thereafter that very
short time viii be allowed for discussing plans
for future disposition of this most important
property OF the State; or for advertising for
propositions, or for selecting proper lessees,
should the Legislature decide upon another
lease. IL seems to me, therefore, in every point
of view, essential that the General Assembly, at
its present sitting, give to this grave matter the
fullest and most earnest consideration.
PARDON COMMISSION
There is no duty devolving upon the Execu-
tive which is more important, more onerous,
and often-timeS more embarrassing, than his
prieves and combinations of the sentences of
convictS, which is conferred upon him by the
constitution. The labor which II involves to a
conscientious official is very great, while the
solictude which IL causes to an executive Of or
binary senSblities is often most painful. In
deed, the labor is so great that the Executive
cannot satisfactorily perform il without
neglecting other duties belonging to his Office.
short while after the commencement Of my
term of office, there were by actual count on
file in the Executive Department more than GOO
tions. The large majority of these were pre-
sented to my predecessors. Some of the APP
plicants had served their terms and been DIS
charged, some had died, few had escaped;
but after deducting all these, several hundred
cases remained requiring the action of the
Executive, and TO these others have been con
stantly added. The pardoDing power is not
a Lrerogative of the Executive TO he
used calelessiy or arbitrarily, but dis
erection to be exercised calmly, cautiously
conscientiously and courageously. Again, il is
u power which should be exercised rs soon rs IL
is Invoked. If a convict petitions for pardon
and is entitled 10 it, he should have it with all
practicable expedition. Every day of detention
In confinement Is grevous wrong TO him. De
lay in considering petition for pardon is as I'M
1I9tiilable, If it can be avoided as delay IN de-
Gliding the issue presented upon a writ of habeIs
corpus IL is itself a writ of liberty, and should
have a speedy hearing Again, the pardoning
power cannot be delegated. II must he exer-
cised by the Executive himself under the reSpon-
sibility OF his oath Of Olicc-upOu his con
victiOn Of wlat Is right, after examination and
inve ,tgation which he himself has made. The
Executive, with the aid of efficient secretaries,
might possibly dispose Of all the applications
tsaIas lal IN 10 l.N